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Setting Up a Thai Company to Buy Land: Is It Still Safe in 2026?

 For decades, foreign investors have used a popular “loophole” to own villas and land in Thailand: setting up a Thai Limited Company. The logic was simple—you hold 49% of the shares, and “nominee” Thai shareholders hold 51%, allowing the company to legally purchase land.



For years, this method was an open secret. Lawyers recommended it, agents sold it, and thousands of villas in Koh Samui, Phuket, and Pattaya were bought this way.

But in 2026, the game has changed.

With the Thai government launching a severe crackdown on nominee shareholders, using a Thai company for buying land has shifted from a “grey area” to a “red alert.”

If you are considering this route—or if you already hold property this way—you need to know the new risks. More importantly, you need to know about the legal, government-approved alternative: the New Thailand Investment Visa options that allow you to Invest THB 3M and Stay Long-Term in Thailand without looking over your shoulder.

The 2026 Crackdown: Why “Business as Usual” is Over

The Department of Business Development (DBD) has recently integrated its database with the Revenue Department and the Land Office. This “Big Data” approach allows them to instantly flag companies that fit the profile of a nominee structure:

  1. Zero Staff, Zero Revenue: The company owns a luxury villa but files tax returns showing no business activity, no employees, and no income.

  2. Thai Shareholders with Low Income: The 51% Thai shareholders are often office staff or villagers who, on paper, invested millions of baht but have no tax history to support such wealth.

  3. Foreign Control: The foreigner is the sole director with signing power, while the majority shareholders have signed undated stock transfer forms.

In 2026, these structures are being actively investigated. The penalty? The company can be dissolved, the asset (your land) can be ordered to be sold within 180 days, and both the foreigner and the Thai nominees can face criminal charges.

Is it safe to set up a Thai company for buying land today?

If your company is a legitimate business—with real staff, real revenue, and active trading—then yes, it is legal.

But if you are setting up a “shell” company solely to hold a holiday home? No, it is no longer safe.

The Legal Alternative: Thailand Property Visa THB 3M

So, how do you stay in Thailand long-term and own a home if the company route is closed?

The good news is that Thailand has introduced clearer, legal pathways for investors. You no longer need to hide behind a nominee structure. You can now Buy Condo & Qualify for Visa privileges directly.

Our legal team at Sukhothai Inter Law is currently helping clients transition to legitimate Visa Through Property Thailand options.

1. The “Invest THB 3M, Stay Thailand” Strategy

While the standard “Investment Visa” historically required 10 Million Baht, new strategic options and specific Long-Term Stay via Investment packages have opened up.

By purchasing a freehold condominium of at least THB 3,000,000, you secure a legitimate asset in your own name (foreign freehold quota). Unlike land, this ownership is 100% legal for foreigners.

When structured correctly by our visa lawyers, this investment can be the foundation for:

  • Long-Term Residency: Qualifying for specific visa classes that recognize economic contribution.

  • Security: You own the asset directly. No Thai partners, no nominees, no DBD audits.

  • Flexibility: This option is available to applicants of any age with buying condo value 3 million or rental apartment with monthly 85,000 baht.

2. New Thailand Investment Visa & LTR Options

For higher-tier investors, the Long-Term Resident (LTR) visa and the Elite Visa “Property Partnerships” are game-changers.

  • Wealthy Pensioner (LTR): If you are over 50, a property investment of approx. USD 250,000 (combined with income) can grant you a 10-year visa with work permit privileges.

  • Privilege Entry: Many developers now offer “Visa Included” packages starting at the THB 3M price point, bundling a 5-20 year stay permit with your condo purchase.

Why You Need a Lawyer, Not Just an Agent

Real estate agents want to close the sale. They might tell you, “Oh, the Thai company method is fine, everyone does it.” They are not the ones who will face the DBD investigation in three years.

At Sukhothai Inter Law, we are International Lawyers. We protect your rights, not just the transaction.

If you are planning to Invest THB 3M & Stay Long-Term in Thailand, you need a legal structure that is:

  1. Compliant: Fully checked against 2026 immigration and land department rules.

  2. Secure: Ensuring the title deed (Chanote) is legally transferred to you.

  3. Future-Proof: protecting you from changes in nominee laws.

Don’t Risk Your Life Savings on a Nominee Structure

The era of the “grey market” Thai company is ending. Don’t let your dream villa become a legal nightmare.

Whether you are looking for a Property Investment Visa, want to Buy Condo & Qualify for Visa, or need to restructure an existing Thai company before the audit hits, we can help.

Contact us today for a free eligibility review. Let’s secure your stay and your property the right way.

Call to Action (CTA)

Ready to secure your Long-Term Stay?

Don’t guess with the law. Check if you qualify for the Thailand Property Investor Visa today.

👉 Click Here to Apply for Your Visa Assessment

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Contact Information

Sukhothai Inter Law

International Lawyers & Business Consultants

📍 Bangkok Office: 17 Chan 35, Chan Road, Sathorn, Bangkok 10120

📍 Koh Samui Office: 119/2 Moo 1, T.Bophut, A. Koh Samui, Surathani, 84320

📍 Pattaya Office: 33/35 Moo 11, Soi Kohpai, (Soi 6 Theprasit) T. Nongprue, A. Banglamung, Chonburi, 20150

📞 Phone: +662 212 6866-7

📠 Fax: +662 213 3124

📧 Email: info@sukhothaiinterlaw.com

📱 Whatsapp: +66846764436

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